Judge: Armen Tamzarian, Case: 22STCV05120, Date: 2024-11-21 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 22STCV05120    Hearing Date: November 21, 2024    Dept: 52

Tentative Ruling:

            Plaintiff Gerardo Garcia’s Motion for Approval of PAGA Settlement

Plaintiff Gerardo Garcia moves for approval of settlement of this action under the Private Attorneys General Act (PAGA).

Labor Code section 2699, subdivision (s)(2) provides, “The superior court shall review and approve any settlement of any civil action filed pursuant to” PAGA.  Courts review and approve PAGA settlements to “ensur[e] that any negotiated resolution is fair to those affected.”  (Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) 

The proposed settlement is fair and reasonable.  Plaintiff is represented by experienced counsel, who investigated the case and spent over 300 hours litigating.  The parties reached the settlement at mediation before mediator Steven G. Pearl.  (Majarian Decl., ¶ 6.)  The gross PAGA settlement amount of $1,200,000 represents a fair compromise.  Allocating 33% of the gross settlement fund to attorney fees is typical in PAGA settlements and is fair based on the lodestar.  (See Laffitte v. Robert Half Internat. Inc. (2016) 1 Cal.5th 480, 505.) 

Plaintiff Gerardo Garcia’s motion for an order approving the settlement of this representative PAGA action is granted.  The court will sign the proposed order and judgment plaintiff submitted.